On Monday, Ontario Superior Court Justice Kofi Barnes gave Elbasiouni until mid-January to file for a new building permit. Alternatively, he was given 60 days to submit an application with the committee of adjustment for minor variance allowances for the home, or 30 days to get a demolition permit.

The dispute landed in court after the city revoked the building permit it issued to Elbasiouni to construct the 6,600-square-foot home.

Last month, Barnes stayed the city’s revocation of the building permit. In his decision, he said the city used a “wrong” bylaw when it approved a permit for the structure, which dwarfed the bungalows in the neighbourhood.

Barnes said it was “unreasonable” for the city to revoke the permit “without providing (Elbasiouni) with an opportunity to remedy the violations.”

At a council meeting in February, city staff said the building permit may have been issued due to a “technical error.”

Staff said he would either have to tear down the house, attempt to get a fresh building permit, bring the issue to the city’s Committee of Adjustment or file an appeal.

The city issued a stop-work order in January amid public outcry over the structure.

Elbasiouni said he blames the city for the monetary losses he has incurred as a result.

“I believe the city have damaged me, made me suffer and made the community suffer,” he said.

Barnes’ ruling states that any decision on damages for the $800,000 in construction costs Elbasiouni claims to have dispensed must be handled in a “separate action.”

City officials did not immediately respond to a request for comment.

With files from San Grewal

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